If You Have a County Court Judgment
Max Williams, Trainee Solicitor | 29th August 2023
You may receive a County Court Judgment (CCJ) if an individual or company has issued legal proceedings against you (stating that you owe them money) and you failed to provide any response or the response was not provided within the timeframe given.
County Court Judgments are served on you (the “Debtor”) by post and contain the following information: –
a) The Sum owed.
b) Ways to pay.
c) Deadline for making payment.
d) Who or where to pay.
Individuals can be unaware that a CCJ has been registered against them, only becoming aware after considerable time has passed. For example, a bank conducts a credit check following an application for a loan.
CCJ’s can arise without the knowledge of the Debtor for various reasons. One example is where records have not been kept up to date by an individual i.e. addresses, so the service of the claim has not reached you. Where proceedings are issued and an individual’s records are not up to date, they may go to an old address. Consequently, the Debtor will not receive notice and therefore will fail to provide a response.
Records of Judgments (CCJ’s) will remain on the CCJ register for 6 years unless the full amount claimed is paid within a month. It can therefore be very detrimental to an individual’s credit.
A CCJ will be removed from the register after 6 years whether or not it has been paid. However, you can make an application to Court if you can prove that you don’t owe the debt, or the debt was cleared in full within one month of the CCJ arising.
Setting Aside the County Court Judgment
If you believe that the debt is not owed after you receive a CCJ, you can fill out a N244 form and submit this to the Court with a fee, to request the CCJ is set aside, meaning it will be removed from the register.
You will need to provide a genuine legal reason for why you believe you do not owe the money. You will also need to provide evidence that supports your reasoning. In some instances, the Court may request you attend a private hearing so that they can gather further information or clarification before making a final decision.
In the event that the Court agrees that you do not owe any money, they will then proceed with ‘setting aside’ your CCJ and updating the Register.
Changing an Entry on the Register
Changing an entry from the Register before the 6-year period expires is possible if you have cleared the debt.
You can apply to the Court using Form N443 (Application for a Certificate of Satisfaction of Cancellation). You will need to evidence to the Court that the debt has been paid off. If successful, you may ask the Court for a certificate to reflect this change. If requested, the Court will provide you with a copy. You will have a fee to pay for the copy provided, usually £15.00.
If you have received a Certificate of Satisfaction or Cancellation but believe the register has not been updated correctly, you can evidence this to the Registrar who will then investigate the matter. Subject to investigation, they can then make any necessary updates to the Register.
Should you have any queries, our litigation team may be able to assist you. Ensure you take the necessary steps to address any problems relating to a County Court Judgment. Please don’t hesitate to contact us.